Legal Question

So got a question so I can get pointed in the right direction. This question is legitimately for a friend haha.

Scenario:

Employer requires employee to sign a non-compete document. Employee signs agreeing to non-compete. State law says that non compete is illegal a few months prior to signing and that all non-compete agreements are null and are actually finable by the state per occurrence.
Employer contacts employee after employee has left for another company threatening non-compete law suit.

Question:

What is the next step? I'm active duty so I dont really know the ins and outs of civilian employment laws. What should my friend do faced with a lawsuit from a former employer. I've read the statute and its pretty friggen clear that the employer is wrong, and out of date on their knowledge of the law.

The simple answer I assume is "lawya up" but what kind of lawyer is that? Or is it a state thing? Like some department handles issues like these?

Thanks!

 

I would write a professional sounding letter with a copy of that law you’re referring to and warn that any further attempts at contacting him will result in legal action. Turn the tables and they can go F themselves

 

That was my first plan because like I said the law is pretty clear that they are in violation. My only hang up is that I'm worried that will give them time and the knowledge that we're trying to fight this.

Truth be told I've seen way more court cases on TV than I've ever been a part of haha

 

Judge Judy would be on em like stank.

 

I would love it, this employer is a total piece of shit. Even after my friend tried to leave he's still trying to fuck em' from beyond the grave. Its absurd.

 

You could refer the matter to the state's Office of the Attorney General. It's the AG's job to enforce state law. In this instance, the law has a political / public policy purpose of particular importance, and that may get the AG's attention. It's not like you're reporting a common burglary that would be handled by your local PD. Here, one of the state's employers is (allegedly) flagrantly thumbing his nose at state law and a recent initiative of the Legislature and/or Governor. That should be right up the AG's alley. The exception could be if the AG is elected not appointed, and is personally / politically opposed to this new law. I mean, he has a duty to enforce it anyway, but he may put it on the back burner.

Regardless, if it was me that's what I would try.

 

I know the best lawyer in the state,,, If you need additional counseling???

 

I have signed several NC agreements during my career and in truth, they are nearly impossible to enforce. Basically the employer is limiting your opportunities to earn a living and that doesn’t fly too far in a court of law.

 

If what you're saying is true, the employer has no case. They are saber rattling because the owner is butt hurt. They will not be able to find a lawyer who will file any official court documents with no legal standing. Civil suits are pretty laxed, but not that laxed. There are still parameters that must be met - such as what tort has been broken.

If it were me, I'd do nothing. Go on with life. Even in states where non-competes are legit, they can't prohibit you from earning wages in the same profession - that has been tried and lost in the courts ad nauseum. You just can't use (old company) customer lists, company-owned data or proprietary information in your position in your new company.

 

Appreciate it guys. We're talking about the next step and how we want to best go about this.

I'll throw up an update should shit get wild